The court found that certain dealers of the debtor's product met all of the requirements to be buyers in the ordinary course of business under Iowa commercial law, so their interest in the sale proceeds had priority over the lender's security interest.
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Opinions
United States Courts Opinions (USCOURTS) collection is a collaborative effort between the U.S. Government Publishing Office (GPO) and the Administrative Office of the United States Courts (AOUSC) to provide public access to opinions from selected United States appellate, district, and bankruptcy courts.
The District of Nebraska offers a database of opinions for the years 1997 to current, listed by year and judge. For a more detailed search, enter the keyword or case number in the search box above.
The proper distribution scheme in this Chapter 7 administratively insolvent case should limit an administrative claimant's recovery to the pro rata share of assets it would have received if all payments had been delayed until the final accounting.
Corporate officers who were held to be responsible parties for unpaid withholding taxes could file a claim against the debtor, a fellow corporate officer, on behalf of the Nebraska Department of Revenue. A trial was necessary to determine liability.
The court granted debtor's request to reopen the adversary and vacate a $300,000 judgment entered against him as sanctions for failing to respond to discovery. The judgment was unwarranted, as debtor had in fact responded to the best of his ability.
Because the debtor had already been in a bankruptcy case dismissed during the prior year, the automatic stay automatically terminated. The present case, filed to stop a deed of trust sale, had not been filed in good faith as to the real estate creditors.
Grants debtor's motion to reopen case to recover money withheld from her unemployment benefits post-discharge by the state labor dept. to recoup pre-petition overpayments. Discusses Bankruptcy Code's distinction between recoupment and setoff.
While the creditor's motion to dismiss the bankruptcy case because debtor did not obtain proper corporate authority to file it was probably valid, the creditor waited too long to bring it. Significant administration of the case had already occurred.
Under Nebraska statutory law, the debtor's workers' compensation settlement for a work-related injury was exempt from creditors' claims, including the hospital lien for medical services provided to him. The medical debt was dischargeable.
The court granted summary judgment to the Chapter 7 trustee on the trustee’s complaint to recover a preferential payment to an unsecured creditor. The defendant did not file a resistance to the motion.
The debtor's claims for breach of contract and breach of warranty for real estate improvements against the construction company that built its Lincoln apartment complex were barred by the Nebraska statutes of limitation and statute of repose.